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AF | BCMR | CY1999 | 9900420
Original file (9900420.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00420
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  undesirable  discharge  be  upgraded  to  a  general  under   honorable
conditions.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was accused of something that he did not  do  by  two  airmen.   He  also
states that there  was  no  investigation  of  facts  presented  so  he  was
railroaded.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant’s military records, are contained in  the  Brief  prepared  by  an
Examiner for the Air Force Discharge Review Board  (AFDRB)  and  the  letter
prepared by the appropriate office of the Air Force.  Accordingly, there  is
no need to recite these facts in this Record of Proceedings.

Applicant’s request for an upgrade of discharge was denied by the  AFDRB  on
29  September  1955.   In  accordance  with  policy,  the  application   was
forwarded to this Board for further consideration.  On 9 December 1970,  the
Board considered the application and determined that  no  corrective  action
was indicated in this case.  The applicant and counsel were notified of  the
action of the Board.  (Exhibit C)

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Washington, D.C., indicated on the basis of the  data  furnished  they  were
unable to locate an arrest record (Exhibit D).

On 17 March 1999, applicant was informed to submit documentation  pertaining
to post-service activities since  his  discharged.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.     We  find  no  impropriety  in  the  characterization  of  applicant’s
discharge.   It  appears  that  responsible  officials  applied  appropriate
standards in effecting  the  separation,  and  we  do  not  find  persuasive
evidence that pertinent regulations were violated or that applicant was  not
afforded all the  rights  to  which  entitled  at  the  time  of  discharge.
Considered alone, we conclude the  discharge  proceedings  were  proper  and
characterization  of  the  discharge  was  appropriate   to   the   existing
circumstances.

4.    Consideration of this Board, however, is not  limited  to  the  events
which precipitated the discharge.  We have  a  Congressional  mandate  which
permits consideration of other factors; e.g.,  applicant’s  background,  the
overall   quality   of   service,   and    post-service    activities    and
accomplishments.  Further, we may base our decision  on  matters  of  equity
and clemency rather than simply  on  whether  rules  and  regulations  which
existed at the time were followed.  This is  a  much  broader  consideration
than officials involved in the discharge were permitted,  and  our  decision
in no way discredits the validity of theirs.

5.    Under our broader mandate and after careful consideration of  all  the
facts  and  circumstances  of  applicant’s  case,  we  are  persuaded   that
applicant has overcome the behavioral traits  which  led  to  the  contested
discharge and has been a productive member of  society.   We  recognize  the
adverse impact of the discharge applicant received; and, while it  may  have
been appropriate at the time, we  believe  it  would  be  an  injustice  for
applicant to continue to suffer  its  effects.  Accordingly,  we  find  that
corrective action is appropriate as a matter of equity and on the  basis  of
clemency.



THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 24 August 1954, he was  honorably
discharged and furnished an Honorable Discharge certificate.


The following members of the Board considered this application in  Executive
Session on 28 October 1999, under the provisions of AFI 36-2603:

                  Mr. Terry A. Yonkers, Panel Chair
                 Ms. Barbara J. White-Olson, Member
                 Mr. Lawrence R. Leehy, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 20 Feb 99, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFBCMR, dated 9 Dec 70.
      Exhibit D.  FBI Investigative Report.
      Exhibit E.  Letters, AFBCMR, dated 17 Mar 99 & 26 Aug 99.
      Exhibit F.  Letter, Applicant, dated 21 Sep 99, w/atchs.




             TERRY A. YONKERS
                                  Panel Chair







AFBCMR 99-00420




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to            , be corrected to show that on 24 August 1954, he
was honorably discharged and furnished an Honorable Discharge certificate.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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